A Barnet Council house out of order !

Readers will recall that Barnet Council reported Mr Mustard in a cowardly and underhand manner to the Information Commissioner because they claimed he should have been registered under the Data Protection Act, and he wasn't. they were sent away with a flea in their ear, twice.

Naturally, Barnet Council's house was 100% in order ? (well that is what you would expect but it might not be the case?).

Readers will be well aware of the so called Barnet Innovation Bank. It isn't a bank and it isn't really that innovative. Many charitable organisations have seen their budget slashed and instead we have the Innovation Bank which doles out grants to many of the old names that we have seen before. They are, in the main, deserving cases and one, at least, is innovative although how much can be achieved with £4,150 is open to debate.

So, one of the main partners in the "Innovation Bank" is Thinkpublic Ltd. They were instrumental in the Innovation Bank. What do they say on their website ( they registered the website for the Innovation Bank ), click to see. There is no doubt that they have been processing the data of applicants for grants as otherwise they could not do their job.

Mr Mustard assumed they would be registered under the Data Protection Act ( how could they not be with all the works they had been doing. See their own website ). He searched by their name and by their postcode. What did he find.Nothing.

Oh dear he thought. Shall I report Thinkpublic Ltd to the Information Commissioner and try and get them fined £5,000 like a spineless council might? No, he thought, follow the advice on the Information Commissioners website and give them a nudge. So Mr Mustard gave them a nudge as follows.

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8 November 2011


Dear Sirs

I think you should be registered under the Data Protection Act as, for instance, you are processing data on behalf of Barnet Council for their Innovation "Bank"

Please let me know if you agree and if you make an application to register.


Yours sincerely


Mr Mustard

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Mr Mustard didn't get an answer within 2 weeks so he wrote again.

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21 November 2011


Dear Sirs

I think you should be registered under the Data Protection Act as, for instance, you are processing data on behalf of Barnet Council for their Innovation "Bank"

Please let me know if you agree and if you make an application to register.


Yours sincerely


Mr Mustard

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Once nudged, Thinkpublic rumbled into life

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22 November 2011

Dear Mr Mustard

Thank you for your message.

Thinkpublic is indeed registered with the ICO, although I notice the registration is not appearing on the online public register, which we will look into.

Yours sincerely

Richard Owen

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Mr Mustard was pleased that a supplier to Barnet Council was duly registered under the DPA and that this was a simple matter of administrative error. Polite as ever, Mr Mustard wrote back to Thinkpublic

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22 November 2011


Dear Mr Owen


Thank you for letting me know that thinkpublic is registered.

When you find out why you don't appear in the on-line register please can you tell me what the problem was as I rely on the register and knowing the reason for the problem will be of assistance.

Yours sincerely


Mr Mustard

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Two more weeks passed. Mr Mustard thought that a matter which was so important that EU case law needed to be quoted ought to be cleared up more quickly than this, so he emailed again.

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8 December 2011


Dear Mr Owen

is there any news about your registration please as you still do not appear on the Register and I would have thought that if you were properly registered that this omission by the ICO would be fixed in no time at all

Yours sincerely


Mr Mustard

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Mr Mustard was not impressed by the correspondence from Thinkpublic Ltd so he thought he would cut out the middleman. He write directly to the ICO; very nicely I think you will agree; certainly not the sort of aggressive behaviour that we have seen from Barnet Council; he merely tries to establish the facts.

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8 December 2011


Dear Sirs


You will see what has been said by a representative of Thinkpublic below. They still do not appear on the register.


Have they ever been registered under the Act ( as far as your records go back anyway ) or is there an application now pending please?


The company:
thinkpublic ltd
Studios 38-40, Fruit & Wool Exchange
56 Brushfield Street, London, E1 6EU
0207 247 2255


This is merely an enquiry; not a complaint.


Yours sincerely


Mr Mustard

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The ICO took only 7 days to reply, as follows:-

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15 December 2011

Dear Mr Mustard

Further to your email below (now above of course), from the information you have provided we are unable to find a registration (current or pending) for Thinkpublic Ltd.

Regards,

Notification Department

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Mr Mustard is keen to see fair play. He sent that reply to Thinkpublic, as there is always the possibility of administrative error, as follows:-

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15 December 2011


Dear Mr Owen

Please can you tell me why you think you are registered and why the Information Commissioner says that you are not and haven't even applied?

Yours sincerely


Mr Mustard

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OK, so only a week has gone by but if you are innocent and are accused of not complying with some basic legislation, and have had in fact, since 8 November 2011 to come up with the goods, then surely you could manage it by 20 December 2011?

Will you report yourselves to the ICO then Barnet Council, for giving data to an unregistered processor, or will we just let the ICO read this blog and then call you in for a chat?

Your choice Barnet Council, but don't be long about it. Please do copy Mr Mustard into your correspondence with the ICO.

Yours frugally

Mr Mustard